Judge dismisses case against former FBI officials days before midterms

A federal magistrate judge in Washington, D.C., dismissed criminal charges against two former FBI officials on Monday.

Bradley Benavides and Nikki Floris were charged roughly two weeks ago with lying to Congress in 2023. The allegations concerned their knowledge of the FBI’s investigations into former President Joe Biden’s son, Hunter Biden. The case was filed in the run-up to the midterm elections scheduled for Tuesday.

U.S. Magistrate Judge Zia Faruqui presided over the hearing. He described the government’s investigation as rushed and filled with errors. Faruqui stated that he was deeply troubled by the proceedings. He called the actions by the Justice Department a form of weaponization. The judge noted that the alleged false statements were made to Congress in 2023. The department waited three years to bring charges. Prosecutors filed the case two weeks before the election, despite a policy against timing actions to influence votes.

Faruqui pointed out that the investigation began on the orders of FBI Director Kash Patel. This happened the day after President Trump delivered a primetime address in mid-July. In that speech, Trump repeated claims about 2020 election fraud and urged the FBI to investigate. The judge also criticized the use of a criminal complaint for the filing. Such documents are typically reserved for urgent situations like an imminent danger or a risk of flight. None of those conditions existed in this case. Faruqui said the only looming event was the midterm election. He remarked that he would not pretend he could not read a calendar.

The judge mentioned that prosecutors might have avoided a grand jury due to the Justice Department’s recent record in Washington, D.C. Several grand juries in the capital have recently refused to return indictments in high-profile cases. Faruqui stated that prosecutors could still seek an indictment from a grand jury or appeal his decision to the district’s chief judge. The dismissal leaves the two former officials free of the immediate criminal charge but does not close the door on future prosecution.

A Justice Department spokesperson said the agency disagrees with the ruling. The spokesperson noted that the decision implies high-ranking officials are immune from accountability for false statements. The department is evaluating all options and will continue to be guided by facts and law. A group of former FBI officials gathered outside the courtroom after the hearing. Floris was seen in tears and hugged several former colleagues. She also shared a hug with Benavides.

Margaret Donovan, an attorney for Floris, said the case should never have been brought. She described the complaint as a slapdash document driven by a fever dream regarding the Hunter Biden conspiracy. Donovan stated that facts and truth prevailed in the courtroom.